Louk v. Woods
Illinois Supreme Court
This is an action of trespass guare clausum fregit, originally commenced in the county of Fulton, and taken by change of venue to McDonough.
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This is an action of trespass guare clausum fregit, originally commenced in the county of Fulton, and taken by change of venue to McDonough. The declaration contains three counts, — 1st. For that defendant, on the 22d of March, 1850, at the county of Fulton, broke and entered the plaintiff’s close, described as “ a strip of land 7-py(J rods wide off the east side of the south half of the north-west quarter of sec. 19, 8 N. 1 E.,” and threw down his fence. 2d count like the first in all respects, except the land is described as being a strip 7-f% 3d count same as first count, except the land…
1Opinion of the CourtScates, J.
Trespass guare clausum fregit. Plea of liberum tenementum in John Woods, Orlando H. Woods, and others, heirs of Jonas Woods, and by leave, &c. Also, that the locus in quo was a highway, and plaintiff supervisor, and as such, he removed obstruction, which, &c. Upon these pleas issues were joined.
The first question raised is upon the exclusion of a deed from Ira Woods to John Woods, for the north half of the north-west quarter of section nineteen, in township eight north, range one east, “ excepting seven rods, and of a rod, off of the east end,” dated '17th January, 1839. An exception, in the…
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